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Has anyone come across the following scenario before?
Our client was refused Pension Credit and simultaneously submitted an appeal and requested an explaination of the decision. The explaination was provided over the telephone, and a letter written to the client the same day states that, as a result of the phone call, the appeal has been withdrawn and will not be pursued.
Reg 40 of the Decision & Appeal Regs indicates that there are only two ways of withdrawing an appeal:
(a) orally, at a hearing, and
(b) in writing to the tribunal clerk.
This surely means that the appeal cannot have been withdrawn, and should continue to be processed. We are still within the 13 month absolute limit for an appeal, so all is not lost. Any comments?
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